How To Prove A Tennessee Divorce – Fault – Refuse to Move Claim
In Tennessee, a claim of Divorce – Fault – Refuse to Move is defined as:
Refusal to relocate is a ground for divorce when one spouse refuses to move with the other to Tennessee without a valid reason and remains absent from the spouse residing in Tennessee for two years.
It simply means:
A person can get a divorce when their spouse will not move to the same state as them.
There are 3 elements of the claim:
- Element 1. The spouse refused to move to Tennessee without a reasonable explanation and did not live with the other spouse for two years while the other resided in Tennessee. One spouse didn’t provide a good reason for not moving to Tennessee and chose to live apart for two years while the other spouse stayed there, which can be a legal reason for claiming fault in a divorce.
Facts that might support this element look like:
* The spouse expressed a strong preference to remain in their home state, citing job stability and family ties as reasons for not relocating to Tennessee.
* Despite multiple discussions about the benefits of moving, the spouse consistently declined to consider the relocation without providing a satisfactory rationale.
* For two years, the spouse chose to live separately, maintaining their residence in another state while the other spouse established a life in Tennessee.
* The spouse’s refusal to move was not based on any significant personal or professional obligations that would justify the separation.
* Attempts to compromise on a relocation plan were met with resistance, indicating a lack of willingness to work towards a shared solution. - Element 2. The complaint or petition was on file for at least sixty (60) days before being heard if the parties had no unmarried child under eighteen (18) years of age. If a couple is getting a divorce and they don’t have any children under 18, their complaint must be filed for at least 60 days before the court will hear their case.
Facts that might support this element look like:
* The complaint for divorce was filed on January 1, 2023, and the hearing took place on March 1, 2023.
* The parties involved do not have any unmarried children under the age of eighteen.
* The court records indicate that no motions were filed to expedite the hearing prior to the scheduled date.
* Both parties received notice of the hearing date at least sixty days after the complaint was filed.
* The respondent did not contest the timeline of the complaint being on file for the required duration. - Element 3. The complaint or petition was on file for at least ninety (90) days before being heard if the parties had an unmarried child under eighteen (18) years of age. If a couple with an unmarried child under 18 is getting a divorce, their complaint must be filed and on record for at least 90 days before the court will hear their case.
Facts that might support this element look like:
* The complaint for divorce was filed on January 5, 2023, and the hearing took place on April 10, 2023.
* The parties have one unmarried child, aged 10, who resides with the petitioner.
* The petitioner served the respondent with the complaint on January 10, 2023, confirming the timeline.
* The respondent did not file any motions to expedite the hearing within the ninety-day period.
* Both parties were aware of the hearing date well in advance, allowing for adequate preparation time.
(See TN ST § 36-4-101(a))
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Prove Your TN Divorce – Fault – Refuse to Move Claim
U.S. Civil Cases Only